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Two Westerville school-district employees did not discriminate against two youngsters who were
handcuffed by police after a 2011 school-bus incident, a federal judge has concluded.

Tonya Mitchell had sued bus driver Deidre Vandewater and Pointview Elementary School Principal
Jeanne Roth, accusing them of discriminating against her son and daughter because they are
black.

U.S. District Judge James L. Graham ruled on Friday that Mitchell did not present evidence of
discrimination. He threw the case out. He also ruled that Mitchell did not present evidence that
the Westerville Board of Education had discriminatory discipline practices.

“We’re gratified but not surprised,” said W. Charles Curley, the attorney for Vandewater, Roth
and the school board. “At some point in the case, the plaintiffs are required to come up with
evidence supporting the claims they make, and they had no evidence.”

Byron L. Potts, the attorney for Mitchell and her children, said he wasn’t surprised by the
judge’s decision, either.

“It’s difficult to get these discrimination cases pushed forward or to prevail in them these
days,” Potts said. He said Mitchell is considering an appeal, which she has up to 30 days to
file.

Michelle and Mikeal Mitchell were 7 and 8 and students at Pointview in October 2011 when a fight
broke out on their bus. Vandewater kept Mikeal and a female student on the bus until Roth arrived.
Later, when Michelle and Mikeal were in Roth’s office, she called police after the children ran
around, knocked items off shelves and threatened her, according to court documents.

Police handcuffed the children and took them to the police station. The school district expelled
them for 80 days.

Mitchell also sued police. In a settlement this spring, the police department agreed to pay the
family $25,000.

Potts said the Mitchell children are enrolled in another school district and are doing well.